DAVIS, Justice.
After the jury found appellee guilty of the misdemeanor offense of driving while intoxicated, Tex.Rev.Civ.Stat.Ann. art. 6701Z-1 (West Supp.1992), the court assessed punishment at thirty days' confinement and a one thousand dollar fine. Both the confinement and fine were probated. The State brings this appeal as a result of the court's action in granting the appellee's motion for new trial. See Tex.Code Crim. ProcAnn. art. 44.01 (West Supp.1992...
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